MPs plead for quota in judiciary, seek all-party meet on it

Members in Rajya Sabha today made a strong plea for reservation in judiciary by amending Constitution and sought an all-party meeting to discuss the issue, even as Government insisted that there was currently no such proposal in this regard.

Replying to a question on whether the ministry has received requests or suggestions favouring reservation for OBCs, SCs, STs, Muslim and women in the judicial services, Law Minister Sadananda V Gowda said the appointment of judges of Supreme Court and High Courts was made under Articles 124 and 217 of the Constitution which do not provide for any quota for any caste or class of persons.

"The government has, however, requested the Chief Justices of the High Courts that while sending proposals for appointment of judges, due consideration be given to suitabale candidates belonging to Other Backward Classes, Scheduled Castes, Scheduled Tribes, Minorities and from amongst women," the minister said.

Members of many parties including Congress, CPI and BSP favoured reservation in the higher echelons of the judiciary and sought the convening of an all-party meet on the issue.

Replying to the questions raised, Gowda said under Article 235 of the Constitution, the administrative control over members of district and subordinate judiciary in the states vested with the concerned High Court.

"Further ... the respective state government, in consultation with the High Court, frames the rules and regulations regarding the issues of appointment, promotion, reservations etc of judicial officers in the state judicial service. Central government has no direct role in this regard," he said.

The Minister also recalled that recently, upon receiving representations from various sources, Member Secretary of National Commission for Backward Classes (NCBC) requested the government to consider providing 27 per cent reservations for OBCs in lower as well as Higher Judicial Services in the National Capital territory of Delhi.

"Since the matter pertains to state governments of NCT of Delhi, the request has been forwarded to them as well as to the Delhi High Court for taking necessary action," he said.

Replying to supplementaries, the minister rued that unfortunately the government's attempt to set up National Judicial Appointments Commission (NJAC) has got stuck.

"But we have seen the intention of Government. It was a unanimous decision of the Parliament," Gowda said referring to the provision to have SC/ST members in the proposed body.

Raising a query, Congress member K V P Ramchandra Rao sought to know whether the demand for reservation in judiciary would be considered favourably and if not, then why.

Declaring that judiciary cannot risk being caught in a "web of indebtedness" towards the government, the Supreme Court had in October last year rejected the NJAC Act and the 99th Constitutional Amendment which sought to give politicians and civil society a final say in appointment of judges to the highest courts.

Responding to demands from members to call an all-party meeting consider the matter, the minister said the suggestion has been "well-taken" and the goernment will look ito it.
Gowda at the same reminded that practically no reservation provision on caste and community lines existed in the appointment of judges in Supreme Court and High Court as per the Constitution.

However, "Government has been repeatedly asking the SC and the HCs please consider reservation while appointing judges," he said.

On reservation in judicial services and in lower courts, the minister said there are about 19 states where quota existed in appointments to judicial services and lower courts.

Digvijay Singh (Congress) said since the minister has said that the proposal for NJAC was passed unanimously with support of all parties, what was the problem in amending the Constitution now to press for reservation in judiciary.

The minister, however, made it clear "at present there is no proposal before the government as far as Constitutional amendment is concerned."

D Raja (CPI) took objection to the mention of the word "suitable" saying it keeps coming when the issue of appointing people from SC/ST category is brought about.

"Who is a 'suitable' candidate? It is insulting. You say that eligibility/suitability is not there among SC/ST? It is a very insulting word," Raja said.

Reeling out figures to buttress his point about low representation of SCs, STs and OBCs in higher judiciary, Raja asked the minister "how do you justify it".

Gowda, however, said that some kind of suitability is required for every job and suitability is a word that will be used in all appointments.

Satish Chandra Mishra (BSP) also wanted to know the status of representation of SCs/STs in the judiciary.

"There is no provision for not having reservation in High Courts, Supreme Courts. You can still make a revision," he said adding that the High Courts were not beyond the state.